§ 1107.Generally
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 4. Writs of Review, Mandate, and Prohibition May Issue and Be Heard at Chambers · Last amended 1982 · Last verified July 29, 2026
Full Text of § 1107
Plain-English Summary
This section is the general filing-and-service rule for the "prerogative" writs -- review, mandate, and prohibition -- covered by this Title. An application for any of them must be accompanied by proof that a copy was served on the respondent and on the real party in interest named in the application, following the ordinary civil-motion service rules in Chapter 5 (commencing with § 1010) of Title 14 of Part 2.
There's a carve-out for one kind of mandate proceeding: when the writ is sought under § 1088.5, the action can instead be filed and served like an ordinary civil action under Part 2 (commencing with § 307). When the real party in interest is a board or commission, service goes to the presiding officer, the secretary, or a majority of the board's or commission's members.
Once served and filed, the real party in interest or the respondent -- or both -- get five days to serve and file points and authorities opposing the writ. But the court isn't locked into that timeline: for good cause, it can grant the application ex parte, skipping notice and service altogether.
Two categories fall outside this section entirely: applications for habeas corpus, and applications for writs of review directed at the Industrial Accident Commission or the Public Utilities Commission, both of which have their own specialized review procedures elsewhere in the law.
Frequently Asked Questions
What must accompany an application for a prerogative writ under this Title?
Proof that a copy of the application was served on the respondent and on the real party in interest named in it.
How much time does the opposing side get to respond?
Five days after service and filing of the application, to serve and file points and authorities opposing the writ.
Can a court grant a writ application without notice to the other side?
Yes, in its discretion and for good cause, the court may grant the application ex parte, without the notice or service otherwise required.
Does § 1107 apply to a petition for habeas corpus?
No. Section 1107 expressly excludes applications for the writ of habeas corpus, along with writs of review of the Industrial Accident or Public Utilities Commissions.
Is there an exception to the standard service rule for writs of mandate?
Amendment History
Amended by Stats. 1982, Ch. 812, Sec. 4.